Mootness

30th Dec 2010 Comments Off on Mootness

The doctrine of mootness is an aspect of a general policy that a court may decline to decide a case which raises merely a hypothetical or abstract question. It applies when the decision of a court will not have the effect of resolving a live controversy which affects or may affect the rights of the parties.

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Refugees, Democracies, and State Protection

29th Dec 2010 Comments Off on Refugees, Democracies, and State Protection

People are often dismissive when they hear of refugee claimants arriving with stories of persecution at the hands of militias or gangs. This especially appears to be the case when the refugee claimants originate from a democratic country. Why, they ask, do these people not simply go to the police in their respective home countries?

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Bringing an Adopted Child to Canada

28th Dec 2010 Comments Off on Bringing an Adopted Child to Canada

It is not uncommon for Canadians to adopt children from abroad. Those that wish to do so should be aware that there are many immigration hurdles to overcome. The purpose of this post is to introduce prospective parents of some of the issues.

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Quebec Entrepreneur Program Residency Requirement

27th Dec 2010 Comments Off on Quebec Entrepreneur Program Residency Requirement

On December 23, 2010, CIC released Operational Bulletin 256, detailing consequences for failure to comply with Quebec Entrepreneur residency requirements.

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Deferring Removal

25th Dec 2010 Comments Off on Deferring Removal

People who either face removal or who have received a removal order should contact a lawyer immediately to determine what their options are. The purpose of this post is to provide an overview of the legislative scheme for deferring removal orders. It provides a general framework, and cannot substitute the advice that a lawyer can give when he applies these facts to your situation.

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When You’ve Worked for a Government that Violated Human Rights

22nd Dec 2010 Comments Off on When You’ve Worked for a Government that Violated Human Rights

Are you an individual who has served in the government, the public service, the military, or the judiciary of a government that might have engaged in human rights or international rights obligations? Are you considering traveling to, working in, or immigrating to Canada? If you answer yes to either of these questions, you will definitely want to read on to determine whether your application could be in jeopardy.

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Battered Woman Syndrome and Female Refugee Claimants

21st Dec 2010 Comments Off on Battered Woman Syndrome and Female Refugee Claimants

In an immigration case which focuses on gender, the reasons of the Refugee Protection Division must reflect the specific situation of an applicant, with particular attention to Guideline 4.

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Manitoba PNP Business Processing Times Increase

20th Dec 2010 Comments Off on Manitoba PNP Business Processing Times Increase

On December 15, 2010, the Manitoba Provincial Nominee Program for Business (MPNP-B) posted current processing times. As the table below demonstrates, for Chinese applicants, the wait time for an exploratory visit is huge.

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Income Tax Statements and Inadmissibility

20th Dec 2010 Comments Off on Income Tax Statements and Inadmissibility

Last Updated on December 20, 2010 by Steven Meurrens

On December 8, 2010, the Federal Court released its decision in Masych v. Canada (Citizenship and Immigration), 2010 FC 1253 (“Masych“)  The case involved an individual whose temporary work permit application was denied because she did not produce income tax statements from 2002-2006 after an immigration officer (the “Officer”) requested that she do so.  The reason that the Officer wanted copies of her tax statements was not to confirm her employment history for determining whether or not she was qualified for the job that she was applying for, but rather to determine whether or not she was inadmissible for having ever committed tax evasion.

The applicant had never been convicted of a criminal offense.  No evidence was ever presented that she had been charged with a criminal offense.  Finally, it is important to note that the applicant lived in the United Kingdom from 2002-2006, a country with a legal system similar to Canada’s.

The applicant did not produce the income tax statements as requested, and her application was rejected on the grounds that the Officer was unable to determine whether or not she was inadmissible to Canada for having committed an offense abroad that would constitute an indictable offense in Canada (tax evasion). The Federal Court upheld the Officer’s decision.  The Court noted that the Officer had a duty to be satisfied that the applicant was not inadmissible, and that tax evasion could result in an applicant being inadmissible.

A reading of the case suggests that the only argument that the applicant’s counsel made was that the applicant had provided a statement stating that she only worked part time, confirmed by the employer,

 » Read more about: Income Tax Statements and Inadmissibility  »

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Appealing Customs Seizures

15th Dec 2010 Comments Off on Appealing Customs Seizures

In addition to immigration law, Larlee Rosenberg also represents individuals who have had goods seized by customs. Our practice includes both administrative appeals, as well as federal court actions

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